Do You Have a Personal Injury Case?
Do you have a case?
Our firm would be happy to discuss this question with you. While not all injuries give rise to a legal claim, many do where the injury or loss was caused in part by another’s negligence. To know whether you have a case, you should always consult a legal professional. Our attorneys are here to help and we invite you to contact us anytime for a free case evaluation. One of our attorneys will be happy to speak with you.
Here are some things to consider when deciding whether you have a case:
Were you hurt?
You must have suffered a physical injury or emotional loss (as in the case of a wrongful death claim, for example) in order to pursue a personal injury or wrongful death case. You should consult a legal professional to determine whether your injury or loss is actionable under Florida law. Some examples of compensable injuries/losses include: bodily injury, psychological or emotional trauma, financial loss, medical bills, lost wages, and the loss of the ability to earn money. If any of these losses were caused by another’s negligence, you may have a claim.
Was it because of negligence?
Generally speaking, negligence is defined under Florida law as “the failure to use reasonable care, which is the care that a reasonably careful person would use under like circumstances,” or “doing something that a reasonably careful person would not do under like circumstances or failing to do something that a reasonably careful person would do under like circumstances.” This definition is not always easy to apply to a given set of facts. Moreover, the definition of negligence may vary depending on the type of claim you have. If your injury or loss is due to the negligent conduct of another person or entity, you may have a claim. However, you should speak with a legal professional to discuss the viability of your claim, potential defenses, and whether it makes sense under your circumstances to pursue a claim.
Can it be proven?
Insurance companies oftentimes have representatives gather evidence soon after an injury or loss takes place. You should too, if you think there is any possibility that you would like to pursue a claim. The sooner you retain counsel, the better. This is because evidence may become difficult to locate or disappear. As a claimant, or the plaintiff in a lawsuit, you have the burden of coming forth with evidence to support your claim. This can be done through photographs, surveillance videos, documents, witness testimony, physical proof, and various other ways.
Do you need an attorney?
If you are at all interested in pursuing a claim for personal injury or wrongful death, or just have questions concerning these types of claim, then it is best to hire or speak with a lawyer. Our law firm is here to help.
Should you settle or go to trial?
This is always up to you, the client. The vast majority of cases settle. Therefore, the possibility of a trial should not deter you in any way from seeking representation and compensation for an injury or loss. Typically, a trial occurs only when the parties view the facts in very different ways such that a reasonable settlement or compromise cannot be reached. The best way to ensure a fair settlement offer, however, is to hire a seasoned trial attorney who can prepare your case for trial. It is uncertainty and financial exposure of a trial that typically brings the parties together. In deciding whether you want to proceed to trial, you may want to keep in mind any settlement offers which have been made, the prospective costs of a proceeding to trial, and the likelihood of success. Your attorney will discuss these issues, and many more, with you to help you decide if trial is appropriate in your case. The circumstances of each case differ greatly.
What happens if I go to trial?
Trial is often viewed as the end of a case. While it usually is, it is also possible that a case may settle during trial, settle after trial, or that an appeal is taken by one of the parties. Some cases are tried before a jury more than once. If you go to trial, your attorneys will likely ask that you be present for the duration and call upon you from time to time for your input.
Viñas & DeLuca, PLLC, are a team of trial lawyers experienced with personal injury and wrongful death. If you or a loved one have been injured due to someone else’s negligence, we’re here to help.